Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“applicant” means any person who applies or on whose behalf an application is made, under this Act, for an order;

“child” means a person under the age of 18 years who is—

1.  

   (a)     a child of both parties to a marriage;

1.  

   (b)     a child, whether or not a child of either party to a marriage, who is or has been living in the household residence as a member of the family;

1.  

   (c)     a child of a man and a woman who, although not married to each other are living or have lived together in the same household; or

1.  

   (d)     a child, whether or not a child of the man and woman referred to in paragraph (c) or either of them who—

   1.  

      (i)     is or has been a member of their household,

   1.  

      (ii)     resides in that household on a regular basis, or

   1.  

      (iii)     is a child of whom either the man or woman is a guardian;

“cooling off period” means a period not exceeding 2 days;

“court” means the Family Court or a court of summary jurisdiction;

“common law spouse” in relation to a person, means someone of the opposite sex who is living with that person as husband or wife although not legally married to that person;

“dependant” in relation to a person includes a dependant person under the age of 18 years who normally resides or resides on a regular basis with the first-mentioned person;

“domestic violence” means any act of violence whether physical or verbal abuse perpetrated by a member of a household upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm to the abused party or any other member of the household;

“ex parte application” means an application made without notice to the respondent;

“household residence” means—

1.  

   (a)     in relation to both spouses, the dwelling house that is habitually used by both parties or either of them as the only or principal family residence together with any land, buildings or improvements appurtenant to it and wholly or mainly used for the purpose of the household;

1.  

   (b)     in relation to a man or a woman who are no longer spouses, the dwelling-house that was last habitually used by either of them, before or after they ceased to be spouses, as the only or principal family residence, together with any land, buildings, or improvements appurtenant to it, used wholly or mainly for the purpose of the household;

“Minister” means the Minister responsible for Social Affairs;

“occupation order” means an order made under section 7 and includes an interim order made under that section;

“parent” means—

1.  

   (a)     the parent or grandparent of a spouse;

1.  

   (b)     the parent or grandparent of a respondent, either by consanguinity or affinity; or

1.  

   (c)     the parent of a child of the household;

“specified person” means the spouse of the respondent, a parent, a child or dependant of that person;

“spouse” includes a former spouse, common law spouse and former common law spouse;

“protection order” means an order or interim order made under section 4;

“respondent” means a person against whom an order is granted under this Act;

“tenancy order” means an order made under section 11 or an interim order made under section 12;

“tenant”, in relation to any dwelling house, includes any person—

1.  

   (a)     whose tenancy has expired or has been determined; and

1.  

   (b)     who is deemed under or by virtue of any enactment or rule of law to continue to be the tenant of the dwelling house.